Legal Opinion

Dunlap v. Chicago, Milwaukee & St. Paul Railway Co.

Illinois Supreme Court

Decided March 31, 1894PublishedCited by 7 opinions

Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. This was an action of covenant, brought by George L. Dunlap et al. against The Chicago, Milwaukee & St. Paul Railway Company, on a lease, which was executed on the 18th day of February, 1880, by the railway company, as party of the first part, and Geo. L. Dunlap and others, as parties of the second part.

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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. This was an action of covenant, brought by George L. Dunlap et al. against The Chicago, Milwaukee & St. Paul Railway Company, on a lease, which was executed on the 18th day of February, 1880, by the railway company, as party of the first part, and Geo. L. Dunlap and others, as parties of the second part. The 1st, 2d, 3d and 4th ■clauses of the lease are as follows: “Witnesseth: 1. The said party of the first part hereby leases,…

1Opinion of the CourtJustice Craig

It will be observed that the court sustained - a demurrer to pleas one and two, and no exception was taken to the decision of the court, but the defendant acquiesced in the decision, and obtained leave to plead over; so far, therefore, as these pleas are concerned or the action of the court upon them, no question is presented for our consideration. As will be seen from the statement, a demurrer was tiled to the declaration; the opinion of the court, however, was never taken on the demurrer, but, by agreement of the parties made in open court, it was overruled, and leave granted the defendant…

2Cases cited2 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. HoytSupreme Court of the United States · 1893
  2. Porter v. RoseNew York Supreme Court · 1815

3Cited by7 opinions

  1. United States Trust Co. v. JonesIllinois Supreme Court · 1953
  2. McCoy v. FahrneyIllinois Supreme Court · 1899
  3. Whalen v. MumaAppellate Court of Illinois · 1901
  4. Hoyt v. Chicago, Milwaukee & St. Paul Railway Co.Illinois Supreme Court · 1899
  5. Papillion Times Printing Co. v. Sarpy CountyNebraska Supreme Court · 1910

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